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91SR0175June-R6i-~99~-BS July 24, 1991BS REQUEST' ANALYSIS AND RECOMMF2YDATION 91SR0175 Thomas Beck Bermuda Magisterial District Southwest quadrant of Jefferson Davis Highway and Drewrys Bluff Road REQUEST: Amendment to Conditional Use Planned' Development (Case 86S094) relative to buffer requirements along the northern, southern and western boundaries of the request property. Specifically, the applicant seeks amendment to buffer requirements to: Delete the requirement for landscaping along the southern property line (Buffer B on attached plan); Reduce the fifty (50) foot buffer, located along the northern property boundary and a portion of the western property boundary, to between twenty-five (25) and ten (10) feet and also delete the landscaping requirement within the buffer (Buffer A on attached plan); Reduce the fifteen (15) foot buffer along a portion of the western property boundary to seven (7) feet and also delete the landscaping requirement within the buffer (Buffer C on attached plan). PROPOSED LAND USE: The request property has been zoned and developed for a boat sales, service and repair facility. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL OF THE DELETION OF LANDSCAPING WITHIN A PORTION OF THE SOUTHERN BUFFER, SUBJECT TO THE CONDITION ON PAGE 2. RECOMMBND DENIAJh OF TIlE REDUCTION IN THE WIDTH OF THE NORTHERN AND WESTERN BUFFERS AND DENIAL OF DELETION OF LANDSCAPING IN THOSE BUFFERS. STAFF RECOMMF2qDATION Recommend approval of deletion of required landscaping along the southern property boundary provided such deletion is acceptable to adjacent property owners (i.e., Request 1). Recommend denial of the requested reduction in buffer widths and deletion of the landscaping requirement within these buffers (i.e., Requests 2 and 3). These recommendations are made for the following reasons: The landscaping and buffer requirements along the southern property boundary were negotiated between the applicant and adjacent property owners. Therefore, deletion of landscaping in the southern buffer would be appropriate if such deletion is acceptable to the adjacent property owners. Approval of the requested reductions in buffer widths along the northern and western property boundaries would be contrary to the Planning Commission's and Board of Supervisors' previous actions with respect to reduction in buffer widths (see Zoning Case History). The existing buffer requirements, along the northern and western property boundaries adjacent to residentially zoned property, are designed to protect existing residential development to the west and afford residents the ability to enjoy residential lifestyles. A reduction in buffer widths could severely diminish any practical effectiveness of these buffers and could adversely impact area residential development. The development standards of the "new" Zoning Ordinance require 100 foot buffers for a boat sales, service and repair facility adjacent to residentially zoned property. The existing, approved buffers are significantly less than what the "new" Ordinance requires. Approval of the applicants' proposal, to reduce these buffers further, would be contrary to the recently adopted standards established for new development along Jefferson Davis Highway where adjacent to residential districts. (NOTE: THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMFRqDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (CPC) Within the buffer along the southern property boundary, for a distance of 200 feet from Jefferson Davis Highway, existing stumps shall be removed and the area shall be fine-graded and seeded with lawn grass. The remaining portion of the southern buffer shall be as required by Case 86S094. (CPC) (NOTE: This condition is in addition to the condition of approval for Conditional Use Planned Development Case 86S094). Should the Board wish to approve the case as requested by the applicant and as desired by the adjacent property owner to the south, Conditional Use Planned Development 85S094 should be amended as follows: 2 PC/91SN0175/JULY24J CONDITION Buffers shall be as depicted on the plan prepared by Dean E. Hawkins, ASIA, dated September 15, 1986, last revised February 6, 1991, which was submitted with the application. Further, within the buffer along the southern property boundary, existing stumps shall be removed and the area shall be fine-graded and seeded with lawn grass. (NOTE: This condition supersedes the condition of approval for Conditional Use Planned Development Case 86S094.) GENERAL INFORMATION Location: Southwest quadrant of Jefferson Davis Highway and Drewrys Bluff Road. Map 67-3 (1) Parcel 51 (Sheet 23). Existing Zoning: B-3 with Conditional Use Planned Development Size: 3.5 acres Existing Land Use: Boat sales, service and repair business Adjacent Zoning & Land Use: North - R-7, B~I and B-3; Single family residential, commercial or vacant South - R-7 and B-2; Single family residential or vacant East - B-2; Commercial West - R-7; Single family residential PUBLIC FACILITIES Utilities; Environmental Engineering; Fire Service; and Transportation: This amendment will have no impact on these facilities. LAND USE Tax General Plan: Lies within the boundaries of the Central Planing Area Land Use and Transportation Plan, which designates the property for general commercial use. 3 PC/91SN0175/JULY24J Area Development Trends: Properties along this portion of the Jefferson Davis corridor are zoned commercially and have been developed for a mix of commercial and residential uses or remain vacant. Properties west of the corridor and adjacent to the request property, along Drewrys Bluff Road, and to the southwest, along Tower Road, are zoned residentially and have been developed for single family residences or remain vacant. Adjacent property to the south, along Jefferson Davis Highway, is zoned commercially; however, this property is occupied by a single family residence. Zoning History: On April 23, 1986, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning on the request property, from Residential (R-7) and Community Business (B-2) to General Business (B-3), with a Conditional Use Planned Development to permit bulk exceptions (Case 86S057). A boat sales, service and repair facility was planned and subsequently built on the request parcel. Conditions of zoning approval for Case 86S057 required that a fifty (50) foot buffer be maintained along the western property line and a portion of the northern property line where adjacent to Residential (R-7) property (i.e., Buffer A as shown on attached plan) and that a solid board fence and landscaping be installed along the southern property boundary adjacent to an existing single family residence (i.e., Buffer B, as shown on attached plan). On June 25, 1986, the Board approved an amendment to Case 86S057 to reduce a portion of the fifty (50) foot buffer along the western property boundary to fifteen (15) feet (Case 86S094) (i.e., Buffer C, as shown on attached plan). On January 28, 1987, the Board denied an amendment to Cases 86S057 and 86S094 to reduce the fifteen (15) foot and fifty (50) foot buffers (i.e., Buffers A and C) to five (5) feet. (Case 86S151) On June 22, 1988, the Board of Supervisors denied an amendment to Cases 86S057, 86S094 and 86S151 to delete requirements of previous zoning approvals relative to setbacks, landscaping, right of way dedication, outdoor speaker and paging systems, lighting, signs, and buffers (Case 88S020). With respect to buffers, the applicant had requested that the required fifty (50) foot buffer (i.e., Buffer A) be reduced to fifteen (15) feet; that the required fifteen (15) foot buffer (i.e., Buffer C) be reduced to five (5) feet; and that the required solid board fence and landscaping along the southern property boundary (i.e., Buffer B) be deleted. The Board denied the requested amendment, noting that the applicant should comply with all requirements imposed with previous approvals. Conclusions: As noted in the Recommendation portion of this "Request Analysis and Recommendation," the landscaping requirement along the southern property boundary, adjacent to property fronting Jefferson Davis Highway, was negotiated between the applicant and adjacent property owners. Therefore, 4 PC/91SN0175/JULY24J deletion of this landscaping would only be appropriate if such deletion is acceptable to the adjacent property owners. Residentially zoned property on the north and west sides of the request site, fronting Drewrys Bluff Road, is occupied by single family residences and the area to the west is a stable, well-maintained neighborhood. At the time of the original rezoning request (Case 86S057), staff noted that particular attention should be given to imposition of conditions which would minimize the impact of intense commercial intrusion into the residential area. To that end, staff recommended maintenance of a fifty (50) foot buffer adjacent to the Residential (R-7) property. Within the buffer, landscaping, having a sufficient initial height and of a species to provide year-round screening, was required. There were no facilities permitted in the buffer area, other than utilities which run generally perpendicular through the buffer. Because of the intense nature of the boat sales, service and repair facility and associated outside storage area, a fifty (50) foot buffer was deemed necessary to protect the adjacent residential uses to the west, afford residents the ability to enjoy residential lifestyles, and to establish the western boundary for commercial development to minimize the possibility of further commercial intrusion into a stable single family residential neighborhood. As noted in the Zoning History portion of this "Request Analysis and Recommendation," the Board imposed the recommended fifty (50) foot buffer adjacent to residentially zoned property north and west of the request site. A subsequent amendment reduced a portion of this buffer to fifteen (15) feet. A further reduction in buffer widths could severely diminish any practical effectiveness of these buffers and could adversely impact area residential development. It should be noted that the development standards of the "new" Zoning Ordinance require 100 foot buffers for a boat sales, service and repair facility or similar general commercial use adjacent to residentially zoned property. The existing approved buffers are significantly less than what the "new" Ordinance requires. Approval of the applicants' proposal, to reduce these buffers further, would be contrary to the development standards established for new development along Jefferson Davis Highway where adjacent to residential districts. It should be further noted that the applicant has erected a solid board fence within the current required buffers, in violation of the previously imposed condition, as well as the approved site plan. Specifically, the approved site plan for the existing boat sales and service facility depicts fences in the proper locations, along the interior edges of buffers. Typically, where fences are installed in conjunction with buffers, such fencing is located along the interior edge of the buffer with landscaping between the fencing and property boundaries. In this manner, the visual impact of the fence is mitigated by vegetation which breaks up the view of the fence from adjacent residences. Given these considerations plus the Commission's and Board's past actions with respect to reduction in buffer widths, denial of the requested amendment to buffer requirements along the northern and western property boundaries is recommended. However, should the Commission and Board wish 5 PC/91SN0175/JULY24J to approve this case, the condition outlined herein will accomplish the requested reduction in buffer widths and elimination of landscaping requirements within buffers. CASE HISTORY Adjacent Property Owners to the South and Staff (5/20/91): A representative of the adjacent property owners to the south contacted staff and indicated that deletion of the required landscaping along the southern property boundary of the request site would be acceptable provided assurances are made that existing stumps within the buffer, between the existing fence and property boundary, are removed and the area is fine-graded and seeded with lawn grass. Planning Con~nission Meeting (5/21/91): The applicant did not accept the recommendation. A representative of the adjacent property owners to the south indicated that the applicant had not maintained the landscaped buffer along the southern property line and, therefore, the maintenance responsibility had fallen upon the adjacent property owners who are elderly. He stated that mowing the area would be easier than trimming trees and shrubs; therefore, deletion of the landscaping in the southern buffer would be acceptable if the area were fine-graded and seeded. The Commission expressed concern that the responsibility of maintenance of the southern buffer had fallen upon the adjacent property owners. The Commission stated that the maintenance of the buffers should be the responsibility of the applicant. The Commission agreed, however, that the adjacent property owners to the south had experienced much aggravation with respect to the existing uses and, therefore, their wishes should be followed. It was generally agreed, however, that the landscaping requirement should only be deleted for a portion of the southern property line. With respect to the northern and western buffers, however, the Commission stated that the widths and landscaping, as previously required, are necessary to protect area residential development from commercial encroachment and impacts. On motion of Mr. Perkins, seconded by Mr. Miller, the Commission recommended denial of the reduction in buffer widths and landscaping requirements along the northern and western property lines (i.e., Requests 2 and 3) and recommended approval of deletion of landscaping requirements along a portion of the southern property line (i.e., Request 1), subject to the condition on page 2. AYES: Messrs. Warren, Perkins, Belcher and Miller. PC/91SN0175/JULY24J ABSENT: Mrs. Boisineau. Board of Supervisors Meeting (6/26/91): On motion of Mr. Currin, seconded by Mr. Applegate, the Board deferred this case for thirty (30) days to allow time for Mr. Currin, the applicant and area property owners to meet and discuss the proposed amendments. AYES: Unanimous. Staff (7/8/91): At the Board's June meeting, questions arose as to the improvements shown on 'the approved site plan and whether or not the approved site plan showed fencing within the buffer. Staff has reviewed the approved site plan. The plan approved by staff showed the fencing on the interior edge of the buffer. Therefore, the fence, as presently installed, violates both the existing conditions of zoning, as well as the approved site plan since the fence is located within the required buffers, as outlined on page 5. In addition, questions arose as to what other violations, if any existed, to the conditions of zoning. To date, the applicant has not installer the additional pavement along Drewrys Bluff Road. The Board of Supervisors on Wednesday, July 24, 1991, beginning at 2:00 p.m., will take under consideration this request. 7 PC/91SN0175/JULY24J AMEND '~$tJ. 25 0 Z q15t~0175-1 SUGGESTED REWORDING OF CONDITION NUMBERED 5: A twenty-five (25) foot buffer along the northern boundary, except where it narrows to ten (10) feet for a short distance on its eastern extremity and a seven (7) foot buffer along the western boundary where both are adjacent to parcel 16 on Tax Map 67-3 shall be maintained in an undisturbed natural state with existing trees and undergrowth. A fifteen (15) foot buffer along the western boundary adjacent to parcel 67 on Tax Map 67-3 shall, likewise, be maintained in an undisturbed natural state with existing trees and undergrowth. Other than utilities, which run perpendicular through the buffer, there shall be no facilities permitted in the buffer areas. Except along the northern boundary line where the buffer narrows to ten (10) feet and along the western boundary line of seven (7) feet adjacent to parcel 16 on Tax Map 67-3, a solid board fence shall be installed and maintained along the inside of the buffer areas along the northern (adjacent to parcel 66 and partially adjacent to parcel 16), western (adjacent to parcel 67), and southern boundary lines. This fence may be in addition to a security fence with security devices on the top. Except for the few cedar trees already in place along the southern boundary line, the area between the southern boundary and the wooden fence shall be grassed over in that area east of the existing cedar trees and a combination of grass and natural vegetation in that area west of the existing cedar trees. t'h.~s' r'~ques~, subject to the~following c '.ditions: ,. 1. The following conditions notwithstanding, the plan prepared by Dean E. Hawkins, ASLA, dated January 27, 1986, shall be cOnsidered the Master Plan. (P) 2. Public water and sewer shall be used. (U) Ail public driveways and parking areas shall be paved with bituminous concrete. The storage and sales area may be constructed of gravel. Concrete bumper blocks shall be installed around the perimeter of all bituminous concrete driveways and parking areas. Drainage shall be designed so as not to interfere with. pedestrian traffic. (EE&BS) Prior to issuance of an occupancy permit,.additional pavement and curb and gutter shall be installed along Drewry's Bluff Road, as deemed necessary by the Transportation Department and VDH&T. (T and VDH&T) A fifty (50) foot buffer Shall be maintained along the northern and western boundary where adjacent to Parcels 16 and 62 on Tax Map 67-3. The buffer shall consist of landscaping, having.a sufficient initial height and of a species which will provide year-round screening. Other than utilities, which run generally perpendicular through the buffer, there shall be no facilities permitted in these buffer areas. A solid board fence shall be installed and maintained five (5) feet off the southern boundary of the site. This fence may have security devices on the top. Between the southern property line and the fence, cedar trees shall be installed. A conceptual plan depicting this requirement shall be'submitted to the Planning Commission for approval in conjunction with schematic plan review. Prior to any clearing and/or grading, the buffer area shall be flagged and the Planning Department contacted to inspect the buffer areas. If existing vegetation and/or topography is not sufficient to provide year-round screening, additional landscaping shall be required. A detailed landscaping'plan shall be submitted to the Planning Department for approval within sixty (60) days of rough clearing and grading, or prior to occupancy, whichever Occurs first. (P&CPC) The storage area/sales lot shall be set back a minimum of fifty (50) feet from Jefferson Davis Highway. The storage area/sales lot and parking area shall be set back a minimum of fifteen (15) feet.from Drewry's Bluff Road. ' The fifty (50) foot setback along Jefferson Davis Highway shall be reduced to twenty-five (25) feet to permit a maximum.offour (4) display pads. Display pads shall be limited to a maximum a.rea of 400 square feet each. ~ C01.~y .~%s~e. _8 6..3 0.~~~~~,~~ Clerk to tho Board of Supervisor~ '. .%:. ..;' ?.,[ ..., i/'::"